El 19/08/2015, a las 4:42, Athina Fragkouli <athina.fragkouli@ripe.net> escribió:Dear Leon, all,
Thank you for sharing the matrix with us.
I understand that this addresses merely CWG issues and that it is only a
description of what the provisions will contain. However, as it also
touches upon CCWG accountability topics, we would like to flag a couple
of issues so that they are properly addressed in the actual bylaws text.
In particular:
- Section 7 - IANA Function Review.
It should be clear that this section refers to the IANA naming function
only.
- Section 9 - Appeal Mechanism
As there is an exception for the ccTLDs, there should also be
such an exception for the numbers related disputes.
Thank you very much.
Athina
on behalf of the ASO reps
On 18/08/15 21:19, León Felipe Sánchez Ambía wrote:Dear all,
As spotted by some, there are some inaccuracies in the matrix that need
to be taken care of.
I will make sure to pass your comments to the CWG Co-Chairs so that they
can review them with counsel and make the corresponding corrections to
the document.
Best regards,
LeónEl 14/08/2015, a las 0:47, Kavouss Arasteh <kavouss.arasteh@gmail.com
<mailto:kavouss.arasteh@gmail.com>> escribió:
Dear All,
It is simple ,please replace the word" approve by " Reject " .
Tks
Kavouss
2015-08-13 11:27 GMT+02:00 <Sabine.Meyer@bmwi.bund.de
<mailto:Sabine.Meyer@bmwi.bund.de>>:
Dear Julie, Martin, Greg, León,____
Dear all, ____
__ __
I have a further question about the matrix kindly shared by León,
regarding its section on PTI Governance, specifically Section 1
subsection (a) (ii), i.e. “ jurisdiction of incorporation (i.e.,
to change from California to another jurisdiction)“.____
__ __
Have the deliberations of the CCWG whether or not a bylaw
requirement regarding location of headquarters should be a
Fundamental Bylaw (para 241 – 255 of the draft report) been taken
into account by the CWG? As I understand, the matrix refers to
changes in the ICANN bylaws so I was wondering whether it is fully
consistent with the CCWG proposal in this regard.____
__ __
Best regards____
__ __
Sabine Meyer____
International Digital and Postal Policy, Internet Governance____
Federal Ministry for Economic Affairs and Energy ____
Villemombler Strasse 76, 53123 Bonn____
GERMANY____
Phone: +49 228 99615-2948 <tel:%2B49%20228%2099615-2948>____
Fax: + 49 228 99615-2964 <tel:%2B%2049%20228%2099615-2964>____
E-Mail: sabine.meyer@bmwi.bund.de
<mailto:sabine.meyer@bmwi.bund.de>____
Internet: http://www.bmwi.de <http://www.bmwi.de/>____
__ __
*Von:*cwg-stewardship-bounces@icann.org
<mailto:cwg-stewardship-bounces@icann.org>
[mailto:cwg-stewardship-bounces@icann.org
<mailto:cwg-stewardship-bounces@icann.org>] *Im Auftrag von
*Martin Boyle
*Gesendet:* Mittwoch, 12. August 2015 19:09
*An:* Greg Shatan; Julie Hammer
*Cc:* At-Large Staff; cwg-stewardship@icann.org
<mailto:cwg-stewardship@icann.org>; Accountability Cross Community
*Betreff:* Re: [CWG-Stewardship] [client com] ICANN Bylaws Matrix____
__ __
Not sure why, but I did not see Julie’s original mail.____
__ __
I agree with her point. There are also other parts of this
section of the matrix that raise questions for me:____
__ __
__ i. __For all of “2. *ICANN Budget and IANA
Budget*” I think CWG should be consulted where it comes to the
IANA budget.____
__ __
__ ii. __(a) This is definitely something that
needs to be considered by the CWG. I’m not sure about what we
mean by “approved budget.” In my mind, PTI prepares its budget in
discussion with the OCs so there will be a general expectation
that the budget is a community-agreed budget – if it isn’t, there
would be reason for the budget to be challenged. So
couldn’t/shouldn’t ICANN challenge the budget if there were
opposition from the community? I like the idea of a contract
commitment (but wouldn’t that undermine a community power in ICANN
to veto the IANA budget?) subject to there being a condition in
the contract for PTI to develop its budget in consultation with
the OCs (the CSC?), given that runaway budgets in the PTI will
have a knock-on effect on how much they have to pay to ICANN!____
__ __
__ iii. __I like the contract-condition approach
because the same conditions would need to be transferred to any
new operator.____
__ __
__ iv. __(b) Shouldn’t this be a requirement on
the PTI? They are the ones with the budget and the obligations
that go with it. This would seem to be a contract condition.____
__ __
__ v. __(c) Again a contract condition?____
__ __
__ vi. __As I noted above, I agree with Julie.
“Approval” should be part of PTI’s budget development (especially
for things like new investment, enhancing service level
expectations, new technology developments).____
__ __
The CSC is an entity associated with the PTI: Is the framework
under 5 better included in the contract than in a fundamental
bylaw? On the other hand, there will be operational issues and
decisions that would fall under the purview of the ccNSO and GNSO
(selection of members, recall of members, escalation for example)
and these will probably need bylaw changes for the ccNSO and
GNSO. would these need to be fundamental bylaws, though?____
__ __
Under 6, isn’t this something for the PTI, not ICANN? I guess it
could be a condition in the ICANN-PTI contract that the PTI
develops a problem-resolution service, but I wonder how a bylaw in
ICANN would achieve this.____
__ __
8.(e) talks about separation of PTI, but isn’t it the IANA
functions operation that is separated from PTI? And if that
happens, there is no reason to do other than wind PTI up as its
assets are transferred to the new operator.____
__ __
__ __
__ __
__ __
*From:*cwg-stewardship-bounces@icann.org
<mailto:cwg-stewardship-bounces@icann.org>
[mailto:cwg-stewardship-bounces@icann.org] *On Behalf Of *Greg Shatan
*Sent:* 12 August 2015 13:14
*To:* Julie Hammer
*Cc:* At-Large Staff; cwg-stewardship@icann.org
<mailto:cwg-stewardship@icann.org>; Accountability Cross Community
*Subject:* Re: [CWG-Stewardship] [client com] ICANN Bylaws Matrix____
__ __
Julie,____
__ __
I think you're right. As this was passed on to the whole CWG and
CCWG without any prior review by any subcommittees, it should be
considered subject to review and comment.____
__ __
Greg Shatan
On Wednesday, August 12, 2015, Julie Hammer
<julie.hammer@bigpond.com <mailto:julie.hammer@bigpond.com>>
wrote:____
Hi Leon,____
__ __
Many thanks for sharing this matrix. One thing that struck me
when having a quick look through it was that Sidley have listed at
Item 2 (d) the following as Subject Matter for a new Fundamental
Bylaw:____
"Requirement that the ICANN community approve or veto the IANA
Budget after it has been approved by the ICANN Board but before it
has come into effect." ____
In my understanding, the proposed power was to consider and reject
(or veto) the IANA Budget, but there should be no requirement for
the ICANN Community to come together and actually approve the IANA
budget. I had not thought that the Community Mechanism was
intended to be used for such a purpose (ie approving strategic
plans, operating plans or budgets).____
__ __
I believe the relevant paragraph from the CCWG 2nd draft report is
para 381 on page 58:____
__379. __381 Accordingly, this new power
would give the community the ability to consider strategic and
operating plans and budgets (both ICANN general and, separately,
with respect to the budget for the IANA Functions) after they are
approved by the Board (but before they come into effect) and
reject them. The rejection could be of the proposed ICANN Budget
or the IANA Budget, or of a proposed ICANN-wide strategic or
operating plan. The petition would state which Budget or plan was
being subject to veto. A separate petition is required for each
Budget or plan being challenged. ____
Perhaps I am misunderstanding something, but I don’t think the
word ‘approve’ should appear in 2 (d) in the Sidley matrix.____
__ __
Cheers, Julie____
__ __
__ __
On 12 Aug 2015, at 1:56 am, León Felipe Sánchez Ambía
<leonfelipe@sanchez.mx> wrote:____
__ __
Hi all,____
__ __
I am forwarding this matrix that the CWG is working on as it is of
the interest of this group as well and to help us continue shaping
our work forward.____
__ __
The matrix is intended to help identify those bylaws that, from
the scope of the CWG, would need to be considered fundamental.
This, of course, is independent from the work we need to do but
provides an example on what we can begin crafting ourselves.____
__ __
If you want to keep being in the matrix, swallow the blue pill. If
you want to work on shaping the matrix, swallow the red pill.
(geek joke)____
__ __
Best regards,____
__ __
__ __
León____
__ __
Inicio del mensaje reenviado:____
__ __
*De: *"Flanagan, Sharon" <sflanagan@sidley.com>____
*Asunto: [client com] ICANN Bylaws Matrix*____
*Fecha: *11 de agosto de 2015 9:43:05 GMT-5____
*Para: *Client Committee <cwg-client@icann.org>____
__ __
__ __
Dear All,____
____
Attached is a draft matrix summarizing the proposed ICANN bylaw
changes that relate to CWG’s final proposal. ____
____
Could you please forward to the CWG?____
____
Thanks____
____
*SHARON* *FLANAGAN*
Partner____
*Sidley Austin LLP
*555 California Street
Suite 2000
San Francisco, CA 94104
+1.415.772.1271 <tel:%2B1.415.772.1271>
sflanagan@sidley.com
www.sidley.com <http://www.sidley.com/>____
____
__ __
____
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